Cautionary Tale to Attorneys on Duty to Safeguard Client Funds

, New York Law Journal

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In their New York Court of Appeals Roundup, Simpson Thacher & Bartlett partners Roy L. Reardon and Mary Elizabeth McGarry discuss cases in which the court interpreted the "criminal enterprise" requirement of New York's Organized Crime Control Act and in doing so demonstrated that the state law can be narrower than its federal counterpart, RICO, held that the decision on whether to seek a lesser-included offense charge is a matter of "strategy and tactics," and upheld Grievance Committee professional misconduct charges against a lawyer arising out of his firm's bookkeeper's theft of client funds.

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